ASSEMBLY REGULATED PROFESSIONS COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 375

STATE OF NEW JERSEY

DATED:  MAY 15, 2025

      The Assembly Regulated Professions Committee adopts an Assembly Committee Substitute for Assembly Bill No. 375.

      This substitute establishes a three-year pilot program in Middlesex, Monmouth, and Union counties for electronic monitoring of certain defendants charged with, or convicted of, sexual assault or aggravated sexual assault; human trafficking; kidnapping; a crime involving domestic violence; or a crime of contempt of a domestic violence order.  Electronic monitoring would be ordered only with the victim’s informed consent.

Court hearing

The substitute provides that under the pilot program, the court, in making the determination whether to place the defendant on electronic monitoring, would hold a hearing to consider the defendant’s potential dangerousness to the victim and the likelihood that the defendant's participation in electronic monitoring would deter the defendant from injuring the victim. The court would consider a number of factors including, but not limited to, the gravity and seriousness of harm that the defendant inflicted on the victim in the commission of the act and any previous history of committing domestic violence or crimes. In considering these factors, the court would use a risk assessment instrument approved by the Administrative Director of the Courts that would be objective, standardized, and developed based on analysis of empirical data and risk factors relevant to the risk of whether the defendant will commit a future act of violence.

Counseling for defendant

The substitute provides that the court would order every defendant placed on electronic monitoring under the pilot program to receive appropriate counseling.

Domestic violence law addition 

The substitute adds human trafficking as a predicate act under the domestic violence statutes.

Standards for monitoring device and tracking system

The substitute requires that any electronic monitoring device and tracking system worn or utilized by a defendant be in compliance with “Offender Tracking Systems NIJ Standard 1004.00,” issued by the National Institute of Justice in July 2016, and any successor standards adopted by the National Institute of Justice. Any electronic monitoring device and tracking system would be operated by an entity under contract with the State. The system would operate 24 hours a day, and provide notification to the defendant and the victim when the defendant is within certain specified distances from the victim.

Supplier immunity; exception for manufacturing defects   

The substitute provides that no supplier of a product, system, or service used for electronic monitoring in the program would be liable for damages arising from any injury or death associated with the use of the product, system or service unless such action is based on a claim that the injury or death was proximately caused by a manufacturing defect in the product or system.           

Fees

     Under the substitute, a defendant ordered by the court to be placed on electronic monitoring pursuant to the pilot program would be ordered to pay an initial monitoring fee of $250 and a monitoring fee of $50 per day. The court may also order the defendant to pay costs and expenses of victim notification.   The court may waive payment of a portion of the fees, costs, and expenses based on the defendant’s ability to pay, and may waive all such fees, costs, and expenses in cases of extreme financial hardship.

Civil penalties

The substitute also provides for the following civil penalties under the pilot program: (1) any person found by the court in a final domestic violence hearing to have committed an act of domestic violence would be required to pay a civil penalty of $200, which may be waived by the court in cases of extreme financial hardship; (2) any person convicted of a crime involving domestic violence, or convicted of contempt of a domestic violence order, would be required to pay a civil penalty of $250, unless the person was previously or subsequently assessed the $250 monitoring fee; and (3) any person convicted of sexual assault, aggravated sexual assault, human trafficking, or kidnapping would be required to pay a civil penalty of $250, unless the person was previously or subsequently assessed the $250 monitoring fee. 

Fund

 All monitoring fees and civil penalties would be forwarded to the “Electronic Monitoring and Crime Victim Notification Fund” established under the substitute. This fund would be a dedicated, non-lapsing fund within the General Fund administered by the Attorney General. The fund would be the depository of the costs and expenses imposed on the defendant and any other monies that may be available to the fund through appropriation by the Legislature or any public or private source. All moneys deposited in the fund would be used to defray the costs of the monitoring program. 

Tampering with electronic monitoring device

The substitute would make it a crime of the third degree to tamper with, remove, or vandalize an electronic monitoring device. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.

Information provided to victim

The substitute requires the victim to be given certain information before providing informed consent, including but not limited to: information concerning the victim's right to refuse to participate in electronic monitoring and the process for requesting the court to terminate the victim's participation; the risks and limitations of electronic monitoring technology; the extent to which the system will track and record the victim's location and movements; the procedure that the victim is to follow if the defendant violates an order or if the electronic monitoring equipment fails; and identification of support services available to assist the victim in developing a safety plan.

Procedures to report noncompliance by defendant

Under the substitute, the Attorney General, in consultation with the Administrative Office of the Courts, would develop procedures to determine, investigate, and report on a 24-hour-per-day basis a defendant's noncompliance with the terms and conditions of the electronic monitoring pilot program.  All reports of noncompliance would be investigated by a law enforcement officer within a reasonable period of time.

Appropriation

The substitute appropriates $12 million from the General Fund to the Electronic Monitoring and Crime Victim Notification Fund established by the substitute and $3 million to the Domestic Violence Victims’ Fund established by section 3 of P.L.2001, c.195 (C.30:14-15), for a total appropriation of $15 million.
Report to Legislature

The substitute provides that the Attorney General, in conjunction with the Administrative Office of the Courts, the State Parole Board, and any other entities that the Attorney General deems necessary, would monitor the electronic monitoring pilot program and report to the Legislature 12 months after the organization of the pilot program and within six months after the pilot program’s expiration. The reports would evaluate the effectiveness of the pilot program and recommend whether it should be continued or expanded.

Expiration

     The pilot program would expire after three years after the effective date of the substitute.